Section 123 Liquor Act 2007 | Minor Not to Attend Licensed Premises


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The Legislation

Section 123 of the Liquor Act 2007 (NSW) is concerned with Minor Not to Attend Licensed Premises and is set out below.

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123 Minor not to enter or remain in certain licensed premises

(1) A minor must not:
(a) enter or remain in the bar area of a hotel or club premises, or
(b) enter or remain in a part of a hotel to which a minors area authorisation relates unless the minor is in the company of a responsible adult, or
(c) enter or remain in a licensed public entertainment venue unless:
(i) the minor is in the company of a responsible adult, or
(ii) a function is being held in the venue in accordance with a minors functions authorisation.
Maximum penalty: 20 penalty units.

(2) A minor does not commit an offence under subsection (1) if:
(a) the minor is an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) and has entered, or is on, the licensed premises concerned for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee, or
(b) the minor has entered, or is on, the licensed premises concerned for the purpose only of receiving training and instruction in respect of the servicing, repair or maintenance of gaming machines under the supervision of the holder of a technician’s licence within the meaning of the Gaming Machines Act 2001.

(3) A minor does not commit an offence under subsection (1) (a) if the minor:
(a) is present in the bar area only for so long as is reasonably necessary to pass through the area in order to conveniently gain access to another area of the hotel or club premises that the minor may enter without contravening this Act, or
(b) is performing in a show or other live entertainment performance held in the bar area, and is in the company of a responsible adult while in the bar area.

(4) A minor does not commit an offence under subsection (1) (a) in relation to being in the bar area of club premises if:
(a) a reception is being held in the bar area in association with the wedding of a member of the club or of a person who is a child or parent of a member of the club or for whose maintenance a member of the club is or has been responsible, and
(b) the minor has been invited to the reception by a person entitled to issue the invitation.

(5) It is a defence to a prosecution for an offence under subsection (1) (a) or (c) if it is proved that the defendant believed on reasonable grounds that a minors functions authorisation was in force at the relevant time to enable minors to attend a function in a bar area of the hotel or in the public entertainment venue.

(6) In the prosecution for an offence under this section, the defendant has the burden of proving that a particular person was the responsible adult in relation to the defendant at the relevant time.